The Capacity to Testify According to Judgment No. 24365 of 2023: Analysis and Implications

Judgment No. 24365 of March 14, 2023, issued by the Court of Cassation, offers an important reflection on the capacity to provide testimony in criminal proceedings. The judge, when assessing a witness's suitability, must consider not only their ability to understand questions but also their memory and awareness of the facts. This article aims to analyze the key points of this decision and its consequences in the current legal landscape.

The Concept of Capacity to Testify

The judgment highlights that the suitability to testify implies several fundamental requirements:

• Ability to understand the questions posed by the judge;
• Ability to provide coherent answers;
• Sufficient memory regarding the facts subject to deposition;
• Full awareness of truthfully and completely reporting.

It is interesting to note that not every contradictory behavior by the witness is sufficient to justify doubts about their capacity to testify. Only a situation of abnormal lack of awareness can lead the judge to request assessments of the individual's capacity to testify.

Assessments of Capacity to Testify

The Court clarifies that the assessments necessary to evaluate the capacity to testify do not necessarily have to be technical in nature. They can also be carried out by qualified individuals, which allows for greater flexibility in the judge's approach. The law, in fact, does not require these evaluations to be exclusively reserved for sector experts, but rather for individuals capable of offering an adequate assessment of the witness's situation.

Definition - Consequences - Assessments - Conditions - Indication - Methods. The suitability to testify implies the capacity to understand questions and to provide coherent answers, along with sufficient memory regarding the facts subject to deposition and full awareness of truthfully and completely reporting. Therefore, not every contradictory behavior, but only a situation of abnormal lack of awareness in the examined person concerning the role held, determines the obligation for the judge to order assessments of their capacity to testify. These assessments do not necessarily have to be technical in nature, as they can also be carried out by "qualified" individuals.

Conclusions

Judgment No. 24365 of 2023 represents an important reference point for Italian jurisprudence on the capacity to testify. It emphasizes the importance of a careful and contextualized evaluation of testimony, avoiding excessive simplification. The distinction between contradictory behaviors and a genuine inability to understand and report highlights the need for an approach that considers the specificities of each case, thus contributing to ensuring a fair trial and safeguarding the rights of all parties involved.